[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3119 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 3119

_______________________________________________________________________

                                 AN ACT


 
  To allow for the taking of sea lions on the Columbia River and its 
tributaries to protect endangered and threatened species of salmon and 
                     other nonlisted fish species.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Salmon Predation 
Prevention Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) preventing predation by sea lions, recovery of listed 
        salmonid stocks, and preventing future listings of fish stocks 
        in the Columbia River under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.) is a vital priority; and
            (2) the Federal Government should continue to fund lethal 
        and nonlethal removal, and deterrence, measures for preventing 
        such predation.

SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES 
              TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON 
              AND OTHER NONLISTED FISH SPECIES.

    Section 120(f) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1389(f)) is amended to read as follows:
    ``(f) Temporary Marine Mammal Removal Authority on the Waters of 
the Columbia River or Its Tributaries.--
            ``(1) Removal authority.--Notwithstanding any other 
        provision of this Act, the Secretary may issue a permit to an 
        eligible entity to authorize the intentional lethal taking on 
        the waters of the Columbia River and its tributaries of 
        individually identifiable sea lions that are part of a 
        population or stock that is not categorized under this Act as 
        depleted or strategic for the purpose of protecting--
                    ``(A) species of salmon, steelhead, or eulachon 
                that are listed as endangered species or threatened 
                species under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); and
                    ``(B) species of lamprey or sturgeon that are not 
                so listed as endangered or threatened but are listed as 
                a species of concern.
            ``(2) Permit process.--
                    ``(A) In general.--An eligible entity may apply to 
                the Secretary for a permit under this subsection.
                    ``(B) Timelines and procedures of application.--The 
                timelines and procedures described in subsection (c) 
                shall apply to applications for permits under this 
                subsection in the same manner such timelines apply to 
                applications under subsection (b).
                    ``(C) Coordination.--The Secretary shall establish 
                procedures to coordinate issuance of permits under this 
                subsection, including application procedures and 
                timelines, delegation and revocation of permits to and 
                between eligible entities, monitoring, periodic review, 
                and geographic, seasonal take, and species-specific 
                considerations.
                    ``(D) Duration of permit.--A permit under this 
                subsection shall be effective for a period of not more 
                than 5 years, and may be renewed by the Secretary.
            ``(3) Limitations on annual takings.--The Secretary shall 
        apply the process for determining limitations on annual take of 
        sea lions under subsection (c) to determinations on limitations 
        under this subsection, and the cumulative number of sea lions 
        authorized to be taken each year under all permits in effect 
        under this subsection shall not exceed 10 percent of the annual 
        potential biological removal level for sea lions.
            ``(4) Qualified individuals.--Intentional lethal takings 
        under this subsection shall--
                    ``(A) be humane within the meaning of such term 
                under section 3(4);
                    ``(B) require that capture, husbandry, 
                transportation, and euthanasia protocols are based on 
                standards propagated by an Institutional Animal Care 
                and Use Committee and that primary euthanasia be 
                limited to humane chemical methods; and
                    ``(C) be implemented by agencies or qualified 
                individuals described in subsection (c)(4), or by 
                individuals employed by the eligible entities described 
                in paragraph (6).
            ``(5) Suspension of permitting authority.--If, 5 years 
        after the date of the enactment of the Endangered Salmon 
        Predation Prevention Act, the Secretary, after consulting with 
        State and tribal fishery managers, determines that lethal 
        removal authority is no longer necessary to protect salmonid 
        and other fish species from sea lion predation, the Secretary 
        shall suspend the issuance of permits under this subsection.
            ``(6) Eligible entity defined.--
                    ``(A) Definition.--In this subsection, the term 
                `eligible entity' means--
                            ``(i) with respect to removal in the 
                        mainstem of the Columbia River, from river mile 
                        112 to the McNary Dam and its tributaries in 
                        the State of Washington, and its tributaries in 
                        the State of Oregon above Bonneville Dam, the 
                        State of Washington, the State of Oregon, and 
                        the State of Idaho;
                            ``(ii) with respect to removal in the 
                        mainstem Columbia River from river mile 112 to 
                        the McNary Dam and its tributaries within the 
                        State of Washington and in any of its 
                        tributaries above Bonneville Dam within the 
                        State of Oregon, the Nez Perce Tribe, the 
                        Confederated Tribes of the Umatilla Indian 
                        Reservation, the Confederated Tribes of the 
                        Warm Springs Reservation of Oregon, and the 
                        Confederated Tribes and Bands of the Yakama 
                        Nation; and
                            ``(iii) with respect to removal in the 
                        Willamette River and other tributaries of the 
                        Columbia River within the State of Oregon below 
                        Bonneville Dam, a committee recognized by the 
                        Secretary under subparagraph (D).
                    ``(B) Delegation authority.--The Secretary may 
                allow eligible entities described in clause (i) or (ii) 
                of subparagraph (A) to delegate their authority under a 
                permit under this subsection to the Columbia River 
                Intertribal Fish Commission for removal in the mainstem 
                of the Columbia River above river mile 112 and below 
                McNary Dam, in the Columbia River tributaries in the 
                State of Washington, or in tributaries within the State 
                of Oregon above Bonneville Dam and below McNary Dam.
                    ``(C) Additional delegation authority.--The 
                Secretary may allow an eligible entity described in 
                subparagraph (A)(i) to delegate its authority under a 
                permit under this subsection to any entity described in 
                subclause (i) or (ii) of subparagraph (A) with respect 
                to removal in the mainstem of the Columbia River above 
                river mile 112 and below McNary Dam, in the Columbia 
                River tributaries in the State of Washington, or in 
                tributaries in the State of Oregon above Bonneville Dam 
                and below McNary Dam.
                    ``(D) Committee requirements.--
                            ``(i) In general.--The Secretary shall 
                        recognize a committee established in accordance 
                        with this subparagraph as being eligible for a 
                        permit under this subsection, for purposes of 
                        subparagraph (A)(iii).
                            ``(ii) Membership.--A committee established 
                        under this subparagraph shall consist of the 
                        State of Oregon and each of the following:
                                    ``(I) The Confederated Tribes of 
                                Siletz Indians or the Confederated 
                                Tribes of the Grand Ronde Community, or 
                                both.
                                    ``(II) The Confederated Tribes of 
                                the Warm Springs or the Confederated 
                                Tribes of the Umatilla Reservation, or 
                                both.
                            ``(iii) Majority agreement required.--A 
                        committee established under this subparagraph 
                        may take action with respect to a permit 
                        application and removal under this subsection 
                        only with majority agreement by the committee 
                        members.
                            ``(iv) Nonapplicability of faca.--The 
                        Federal Advisory Committee Act (5 U.S.C. App.) 
                        shall not apply to a committee established 
                        under this subparagraph.
            ``(7) Individual exception.--For purposes of this 
        subsection, any sea lion located upstream of river mile 112 and 
        downstream of McNary Dam, or in any tributary to the Columbia 
        River that includes spawning habitat of threatened or 
        endangered salmon or steelhead is deemed to be individually 
        identifiable.
            ``(8) Significant negative impact exception.--For purposes 
        of this subsection, any sea lion located in the mainstem of the 
        Columbia River upstream of river mile 112 and downstream of 
        McNary Dam, or in any tributary to the Columbia River that 
        includes spawning habitat of threatened or endangered salmon or 
        steelhead is deemed to be having a significant negative impact, 
        within the meaning of subsection (b)(1).
            ``(9) Definition.--In this subsection, the term `Indian 
        tribe' has the meaning given such term in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).''.

SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

    Nothing in this Act or the amendments made by this Act shall be 
construed to enlarge, confirm, adjudicate, affect, or modify any treaty 
or other right of an Indian tribe (as defined in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5304)).

SEC. 5. REPORT.

    Not later than 3 years after the date of the enactment of this Act, 
the Secretary of Commerce shall study and report to Congress on the 
effects of deterrence and the lethal taking of sea lions on the 
recovery of endangered and threatened salmon and steelhead stocks in 
the waters of the Columbia River and the tributaries of the Columbia 
River subject to section 120(f) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1389(f)), as amended by this Act.

            Passed the Senate December 6, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 3119

_______________________________________________________________________

                                 AN ACT

  To allow for the taking of sea lions on the Columbia River and its 
tributaries to protect endangered and threatened species of salmon and 
                     other nonlisted fish species.